Law Services: Employment-Based Immigration
Foreign nationals who want to become U.S. Legal Permanent Residents have the option of doing so through a permanent, fulltime job offer in the United States.
There are four categories for granting permanent residence to foreign nationals based upon employment:
EB-1 (Priority Workers):
- Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics;
- Foreign national that are outstanding professors or researchers;
- Foreign nationals that are managers and executives subject to international transfer to the United States.
*For EB-1 priority workers, the foreign national or employer is not required to obtain a labor certification first and can directly file Form I-140.
EB-2 (Professionals with advanced degrees or persons with exceptional ability):
- Foreign nationals of exceptional ability in the sciences, arts or business;
- Foreign nationals that are advanced degree professionals;
- Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved.
EB-3 (Skilled or Professional Workers):
- Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category);
- Foreign national skilled workers (minimum two years work experience).
EB-4 (Special Immigrants):
- Foreign national religious workers;
- Employees and former employees of the U.S. Government abroad.
*For EB-4 special workers, the foreign national or employer is not required to obtain a labor certification first and can directly file Form I-360.
Labor Certification:
The EB-2 and EB-3 employment-based immigration categories require that the U.S. employer complete a labor certification request (also known as "PERM") for the applicant, and submit it to the U.S. Department of Labor, in order to show that there were no qualified U.S. workers to fill the position being offered. Once this is approved, then the U.S. employer files an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. After the I-140 is approved, the foreign national can apply for U.S. Legal Permanent Residency.
If the applicant is already in the United States, he or she can apply to adjust to permanent resident status after a visa number becomes available, based on their country of nationality, the date their case was filed and the category they are in (please refer to the "
Resources" link on our site for the U.S. Department of State's monthly Visa Bulletin).
If the applicant is outside the United States, then when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. Consulate.
For more information on employment-based immigration, please
contact our office at (310) 475-4779 or email us at
hassonlaw@hotmail.com.
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10850 Wilshire Blvd
Suite 750
Los Angeles, CA 90024
Tel: (310)475-4779
Fax: (310)475-8144
Click for map
Aron Hasson, Founder
Aron obtained his Bachelor's
Degree from the University
of California, Santa Barbara in 1974 and his Juris Doctor
Degree from the University
of La Verne in August
1978.
Marlene Hemmings,
Senior Associate with the
firm, has been practicing
Immigration and Nationality
Law since 1997...